Blacktown City Council v The Penatrators Pty Limited

Blacktown City Council brought proceedings against The Penatrators Pty Limited concerning an alleged breach of a development approval condition. The dispute was heard in the Supreme Court of New South Wales. The Council sought a declaration that the company had breached a condition of the approval which required the development to be completed within a specified time frame. The Penatrators argued that the condition was not enforceable due to ambiguity and that the Council had waived the requirement by its conduct.

The legal issues before the court included whether the condition in question was sufficiently clear and certain to be enforceable, and if the Council had waived its right to enforce the condition. The court had to consider the terms of the approval, the nature of the condition, and the conduct of the Council in light of the alleged breach. In determining these issues, the court assessed the evidence provided by both parties and the relevant statutory and common law principles.

The court held that the condition was clear and certain enough to be enforceable. It found that the condition's language was precise and unambiguous, and that there was no basis to conclude that it was unenforceable due to vagueness or uncertainty. The court also rejected the argument that the Council had waived its right to enforce the condition, noting that there was no evidence of conduct that would amount to a waiver. Consequently, the court found that The Penatrators had breached the condition of the approval. The orders made by the court are detailed at [39].